Attachment of corporate property, subsequent to execution of a void mortgage, is not defeated by ratification of such mortgage.

State Nat. Bank v. Union Nat. Bank, 168 Ill. 519.

Corporation in hands of receiver-return of execution nulla bona not necessary before suit to set aside fraudulent trust deed.

Blair v. Ill. Steel Co., 159 Ill. 350 (359).

Specific performance of a contract to deed a right of way for a railroad will be decreed-defenses-fraud in securing

contract.

G. T. & C. G. R. R. Co. v. Walton, 150 III. 428.

Actions against railroad companies for a penalty for violating a statute must be begun within two years.

C. B. & Q. R. R. Co. v. Jones, 149 Ill. 361.

Railroad and Warehouse Commission-powers of-action involving discrimination in freight rates.

C. B. & Q. R. R. Co. v. Jones, 149 Ill. 361.

Action on subscription of hotel company for stock in an exhibition company.

Richelieu Hotel Co. v. International Mil. En. Co., 140 Ill. 248. Attachment levied on corporate property before receiver is appointed is not defeated by such appointment.

Life Ass'n of Amer. v. Fassett, 103 Ill. 315.

ANNUAL REPORTS TO SECRETARY OF STATE.

In general.

IN GENERAL.

STATUTE AS TO

LIABILITY FOR FALSE REPORT.

AS TO REAL ESTATE.

LIST OF CORPORATIONS REPORTING TO BE FILED IN COUNTY.

By statute passed and in force 1901, all corporations (except railroad, banking, homestead loan associations, insurance and religious corporations, and corporations not for profit) are required to make a written report to the Secretary of State on blanks to be furnished by the Secretary or obtained from him.

The law requires the Secretary of State to send proper blanks to every corporation on or before January 15th of each year. These blanks must be filled out, certified and returned to the Secretary between February 1st and March 1st following. The fee for filing the report is $1.00, and must be sent to the Secretary of State with the report or it will not be considered.

This report is ordinarily made by the Secretary of the corporation and must be "signed and sworn to by the President, Secretary or other officer" knowing the facts it contains to be true. If the company is in the hands of a receiver or assignee, the receiver or assignee must sign and swear to it.

The names of all corporations whose office is in cities over 50,000 population, and whose street addresses do not appear in the office of the Secretary and who fail to report, are published in some paper in the county of the corporation's residence.

Failure to make the annual report forfeits the corporate charter and the Secretary is directed as his duty to note on his books the forfeiture of the charter for failure to report annually.

The above forfeiture may be removed, however, by filing the

report at any time within one year after the date of the default, as shown by the books of the Secretary of State. A payment of twenty dollars is required to be made for a delayed report. Instead of the regular report, in cases of reinstatement after default, an affidavit must be filed stating all the report would have contained and that the corporation was active at the time of default and is still active.

False statements in any report makes the officer or officers signing same personally liable for any resulting injury.

Secretaries forwarding the annual report should retain and file a copy in the files of the company for future reference.

The Secretary of State is required to file in the Recorder's office of the county of the corporate residence a complete list of all corporations not filing the report and all who have duly reported.

Statute as to.

AN ACT requiring corporations to make annual report to the Secretary of State, and providing for the cancellation of articles of incorporation for failure to do so, and to repeal a certain act therein named. (Approved May 10, 1901. In force July 1, 1901, p. 124.)

192. § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every corporation hereafter organized under the laws of this State shall, before receiving a certificate of complete organization, file with the Secretary of State a statement setting forth the post office address of its business office, giving street and number.

193. What report to contain-Fees.) § 2. Every incorporated company other than railroad, banking, building and loan and insurance companies, religious corporations and corporations not organized for pecuniary profit, existing by virtue of any general or special law of this State or hereafter organized by virtue of any law of this State, shall annually, between the first day of February and the first day of March, report to the Secretary of State the location of its principal office in this State, with town, street and number; the name of its officers with their residences, stating the town, street nd number, with the date of the expiration of their respective terms of office; whether or not the corporation is pur

suing an active business under its charter, and the kind of business engaged in, if any, which said report shall be made under the seal of the corporation and shall be signed and sworn to by the president, secretary or other officer of the corporation, and in case said corporation is in the hands of an assignee or receiver then such report shall be signed and sworn to by such assignee or receiver, which said report, together with a fee of one ($1) dollar for filing the same, shall be sent to the Secretary of State, in whose office it shall be filed. The Secretary of State shall in no case receive or file said report until said fee is paid, and a failure to make said report and pay said fee shall be prima facie evidence that said corporation is out of business, and shall work a forfeiture of the charter of such corporation. And it is hereby made the duty of the Secretary of State to enter upon the records of his office, as soon as practicable after default in making such report, the cancellation of the charter of all corporations failing to make said report at the time and in the manner herein provided. (As amended by act approved May 13, 1903. In force July 1, 1903.

194. Secretary of State to send blanks to such corporations -Publication of list, etc.) § 3. The Secretary of State is hereby required, on or before the 15th day of January of each year, to mail to every corporation proper blanks to be used in making the report hereinbefore provided for, also a copy of Section two of this act, together with a notice that a failure on the part of said corporation to make such a report within the time prescribed by law shall be taken as prima facie evidence that such corporation is out of business, and that upon such failure its articles of incorporation will be cancelled upon the records of the office of the Secretary of State: Provided, That where a corporation is located in a city of fifty thousand inhabitants or upwards, and the records in the office of the Secretary of State do not disclose in its address the location by street and number of such corporation, it shall be the duty of the Secretary of State, in lieu of mailing the notice, copy of law and blank herein provided, to publish, on or before the fifteenth day of January of each year, in some newspaper of genereal circulation, printed and published in the county in which said city is located, a copy of section two of this act, together with a list of all corporations in said city to which this act applies, except those to which notices are required to be mailed as provided for in this section; Provided further, That where the records in the office of the Secretary of State fail to show in what town or county any corporation is located,

then the above notice may be given in any newspaper of general circulation published in this State, and that such notice shall not be published more than once as to any one corporation.

195. Copy of paper containing notice filed.) § 4. The publishers of the newspapers printing the notices provided for in this act shall, immediately after such publication, transmit by mail to the Secretary of State, Auditor of Public Accounts, State Treasurer and Recorder of Deeds of the county in which said paper is published, a copy of the paper containing said notice and list with a certificate by the publisher, verified by oath, that said notice and list appeared in every copy of the issue of that date and that it was distributed to all patrons of said paper in the regular way.

196. Fee for publication.) § 5. The fee for publication is hereby fixed at five cents per line of the width of a newspaper column for the publication of said copy of law and notice, and five cents for each corporation named.

List of corporations reporting to be filed in county.) § 6. The Secretary of State is hereby required on or before the first day of July, 1902, or as soon thereafter as practicable, to file with the Recorder of Deeds of each county in this State, a certified list of all corporations which have made the report hereinbefore provided for, with the names and addresses of their president and secretary, or of their principal officers or manager, together with the location by city, street and number of their principal business office in this State, which list shall be filed in the offices of said Recorder for public reference; and, annually thereafter, on or before the first day of July, the Secretary of State shall file a similar list of all additional corporations which have made such report, and also a list of all corporations previously certified which have since been cancelled for non-compliance with said law.

199. Expenses, how paid.) § 8. The expenses of the publication hereinbefore provided for, shall be paid from the appropriation for printing, upon bills properly certified by the Commissioners of State Contracts, and the Auditor of Public Accounts is hereby authorized and directed to draw his warrant upon the State Treasurer for the amount so certified, and the Treasurer shall pay the same out of the money appropriated for printing.

198. Penalty.) § 7. It is further provided, That any corporation which is pursuing an active business under its charter, failing to make said report at the time provided by law may, at any time, within one year from such default, be re